2.2 Definitions of the
working concepts
Unplanned settlement:unplanned settlements are areas
where housing is not in compliance with current planning and building
regulations (unauthorized housing).
Housing:act of providing shelter or lodging.
Slum:usually a heavily populated area, characterized
by poverty, poor housing, etc. (investors.com)
Slum clearance:the removal of old decrepit buildings
to allow the land to be put to a better and more productive use; also
frequently referred to as urban renewal (investors.com).
Slum upgrading:the consistence of physical, social,
economic, organizational and environmental improvements to slums undertaken
cooperatively and locally among citizens, community groups, businesses and
local authorities (Wikipedia).
Public interest: welfare of the general public in
which the whole society has a stake and which warrants recognition, promotion
and protection by the government and its agencies (legal-dictionary). According
to the law No. 18/2007 of 19/04/2007 relating to expropriation in public
interest in Rwanda, an act of public interest is an act of government, public
institution, nongovernmental organization, legally accepted associations
operating in the country or of an individual, with an aim of public
interest.
Expropriation:according to business dictionary,
expropriation is a compulsory seizure or surrender of private party for the
state's purposes, with little or no compensation to the property's owner.
Governments or their agencies can affect an expropriation by making changes in
legal code, tax code or regulations such as zoning. According to the law No.
18/2007 of 19/04/2007 relating to expropriation in public interest in Rwanda,
expropriation is defined as the taking of private property in public interest
aimed at development, social welfare, security and the territorial
integrity.
Relocation:the establishment in a new residence or
place of business.
Informal settlement:areas where groups of housing
units have been constructed on land that the occupants have no legal claim to,
or occupy illegally.
Master plan:according to answers.com, a master plan
isa comprehensive document that describes, in narrative and with maps, an
overall development concept of a city or planned-use development.
2.3 Problem
statement
The world is faced with the reality that many large- and
medium-sized cities are increasingly becoming areas of impoverished urban
exclusion, surrounding comparatively small pockets of urban wealth (UN-Habitat,
2003). Frequently, this trend is the spatial outcome of mismatches and
disconnections between national macro-policies and the absence of coherent
connections with the policies at the city level. Worldwide, cities are
predominantly and preferred residential locus of the majority of the
population. However, a big number of this urban population live in informal
settlements due to poverty since most of them are rural-urban migrants with low
or no income. This has increased the need for adequate housing in urban areas
(MININFRA, 2008).
Most cities in sub-Saharan Africa and some in northern Africa
and western Asia showed considerable housing stress, with rents and prices
rising substantially while incomes fell, probably corresponding to higher
occupancy rates (UN-Habitat, 2003). In addition, slum areas increased in most
cities, and the rate of slum improvement was very slow or negligible in most
places. Most governments have established policies to camp down the problem of
slums/informal settlements but these policies seemed to treat symptoms rather
than eradicating the problem.
In South Africa, a very large housing program reduced the
numbers in informal settlements significantly. However, the housing
formalization that occurred in South Africa reinforced the marginalization and
stigmatization of the poor (Bond and Tait, 1997:28). The process of housing in
South Africa is taking place within a context of widespread poverty (Smit,
2000). Smit's report revealed that unemployment rate was 34% and an estimated
39% of the population had less than minimum nutritional intake of 2000 Kcal per
day according to the 1996 census. This implies that providing necessary
infrastructures alone by the government cannot uproot informal settlements.
In 2008, the government of Rwanda adopted the national urban
policy that aims at guiding government objectives and priorities in line with
the objectives as laid down particularly in the vision 2020, the EDPRS and the
national investment strategy (MININFRA, 2008). According to the aims of vision
2020, about 30% of the population will live in cities with access to basic
infrastructure necessary to ensure sustainable development. However, there is a
big challenge of addressing the existing informal settlements that comprise a
larger part of Rwandan urban areas.
Slums and poor settlements characterize Kigali, the capital
city of Rwanda, like any other city in third world countries. The current
statistics by Kigali city council (KCC) show that the unplanned settlements
comprise a massive more than 70 percent (Martin, 2007). Some individuals in
Kigali City were formerly allocated plots and they built without plan
irrespective of the laws governing the built environment of the country. This
resulted into slums and poor structures that hinder infrastructure development
and the government's ability to provide other services in such areas.
During the postcolonial era, soon after independence, the
republic of Rwanda decided to make Kigali the capital city of Rwanda. This
designation as capital of Rwanda and relocation of all national ministry
functions fueled growth of Kigali beyond the Nyarugenge hill to five
neighboring hills: Nyamirambo, Gikondo, Kimihurura, and Kacyiru. From 1962 to
1984, the population and the built area of Kigali expanded rapidly. The
population grew at around 16% from around 6,000 people to over 150,000. The
built area expanded over 12 square kilometers. Kigali continued to expand until
1994 without prior urban planning.
After 1994 genocide, a massive population from exile in
neighboring countries, and immigrants from rural areas in fear of insecurity,
settled in Kigali city by acquiring land illegally and constructing informal
houses. The rural-urban exodus to Kigali city continued, and currently the
population of Kigali city is about one million. Informal settlement/slum
quarters developed and grew in areas such as Muhima in a place commonly known
as «Kiyovu cy'abakene», Kimihurura, Kimicanga, Gikondo and
Nyamirambo. These slum areas shelter the majority of urban poor who have no
regular income and they characterized by high fertility rates. The high density
of the houses in informal settlements results in poor sanitation, lack of
infrastructure such as roads, water supply and other basic public utilities.
In order to direct urban development for the next 30-50 years,
Kigali conceptual master plan (KCMP) was established in 2007 after two years of
study. The implementation of KCMP is hindering the majority of Kigali city
urban dwellers in informal settlements (most of whom low-income earners) from
making small redevelopments on their houses or extending them because they do
not conform to the required construction standards or minimum plot size. In
addition, these people may be settling in an area that is planned for other
land use rather than residential according to the master plan and may be
susceptible to relocation. In line with the implementation of KCMP, Kigali
master plan implementation projects have been developed starting with immediate
developmental zones.
Among these projects is the central business district (CBD)
development project that will be implemented in phases. In phase 1, central
business district 1(CBD1) will be developed and will cover a total project area
of 150Ha of Muhima sector. In phase 2, central business district 2 (CBD2) will
be developed and will focus on the upgrading of the existing CBD. This will be
an ongoing scheme that will involve the active participation of the existing
business community of this area.
As part of the implementation phase of CBD1, a quarter known
as `Kiyovu cy'abakene' in Ubumwe cell was cleared. According to
detailed master plan for CBD1 (Anandan and Hrydhal, 2010), the cleared site was
selected for the development of phase 1 of the CBD- the city's first experience
in developing large-scale commercial development. This site has been marked for
high-end commercial and mix use developments, supported by high-quality public
spaces and facilities. A central green space flanked by high-rise and office
blocks mark the core of the development. In order to develop the CBD,
privately-owned land need to be acquired. This means that compensating them through expropriation must relocate
residents in the selected site. Some expropriated residents in `Kiyovu
cy'abakene' were helped to acquire new houses in Batsinda while others
were not satisfied with the standard of the constructed houses and the
available infrastructures in Batsinda and were given their compensations and
went to find their chosen standard of houses. Most of the expropriated
residents say that compensations are low compared to the cost of land after
clearance of their houses. They complain that they were paid cheaply and that
Kigali city wanted to make enormous profits from Ubumwe cell (Ester, 2009). The
cost of land in Ubumwe cell after expropriation is several times higher than
the expropriation cost. This seems to be the reason why investors are reluctant
to acquire land in this site for the construction of proposed buildings.
Amahoro cell is another site in Muhima that will be developed
for a new CBD (CBD1). Currently, a relatively large part of Amahoro cell is
predominantly settled by residents in semi-permanent, high-density houses,
scattered and found in and around the wetland. This situation implies that the
government, Kigali city or investors must acquire land from private owners for
the development of the CBD, construction of necessary infrastructure or
conservation of the wetland and green spaces.
The problem is however, how the low-income earners in
informal/slum settlements of these areas will cope with this new development.
Will they be expropriated and released to find new settlements in other areas?
Will the city council in collaboration with its donors,
private sector, NGOs or other government agencies provide decent housing to
these people?Or they will be evicted on government power domain since most of
them have no land tenure documents or building permits? What is the perception
of Amahoro cell residents on expropriation for new housing development?
This research sought to answer these questions and analyzed
the impacts these solutions will incur if implemented, considering Amahoro cell
in Muhima sector, Nyarugenge district as case study.
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